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2010 Supreme(Raj) 1706

GOPAL KRISHAN VYAS
Bajranj Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mahesh Thanvi, Advocate.
For the Party: Public Prosecutor.

JUDGMENT

1. - In this criminal revision petition filed under Section 397/401 Cr.P.C., the petitioners are challenging the judgment dated 2.8.2010 passed by Addl. Sessions Judge, Gulabpura in criminal appeal No.23/2009 whereby the appellate Court partly allowed the appeal filed by the petitioners and while acquitting the accused petitioner No.1 Bajrang Lal for offence under Sections 379 and 201 I.P.C. and affirmed the remaining part of judgment dated 17.2.2009 passed by Addl. Chief Judicial Magistrate, Gulabpura in criminal regular case No.227/2006.

2. At the commencement of arguments, it is submitted by learned counsel for the petitioners that before the appellate Court, the prayer was made by the petitioners that they may be granted benefit of probation but upon arguments made by Addl. Public Prosecutor that prior to filing FIR the petitioners were asked to pay compensation of buffalo who died in the occurrence which took place in the agricultural field of the petitioners but they refused to give compensation for the said buffalo who died due to negligence of the petitioners. Before trial Court also, he has not made any prayer for compromise and to pay any compensation of buffalo w














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